Kuwait Court of Cassation principle number 732

A ruling that Civil Service Council Decision No. (5) of 2003 is unconstitutional. Its effect: declaring its invalidity, terminating its enforceability, and treating it as though it had never existed. It is binding upon everyone and all courts. Articles (173) of the Constitution and (1) of Law 14 of 1973 concerning the establishment of the Constitutional Court. Issuance - 207 - Administrative of the challenged judgment before issuance of the aforementioned Constitutional Court judgment, and application of the provision contained in Article (15 bis) of Decree-Law No. 15 of 1979 to the Assistant Undersecretary at the Audit Bureau on the basis of Legislative Interpretation No. (5) of 2003, an approach differing from what the Constitutional Court judgment revealed, and consequently holding the challenged decision lawful. This vitiates it and requires its cassation.